Hagåtña, Guam – Although cannabidiol (CBD) is no longer considered a controlled substance under federal or local law, Guam must still adhere to other laws that regulate it. The United States Food and Drug Administration (FDA), pursuant to its authority under the Federal Food, Drug and Cosmetic Act (FD&C Act), has made it clear that it will not tolerate the use of CBD in dietary supplements. It has even prohibited the introduction of some CBD products in interstate commerce.
“I want to thank the directors of the Customs & Quarantine and Public Health for their diligence on the issue of CBD products on our island. I also want to thank retailers and consumers for their patience as we work through the complex and changing regulations governing CBD,” said Governor Lou Leon Guerrero. “After careful review by my office and in consultation with the Attorney General, we intend to release the seized CBD products by our Customs Agency while still ensuring we adhere to all federal and local laws and regulations.”
The Office of the Governor, the Guam Customs & Quarantine Agency (GCQA) and the Department of Public Health and Social Services (DPHSS) will continue to work together in ensuring that local and federal laws and regulations are being followed. GCQA will continue to monitor our borders for the importation of controlled substances and illegal products. When issues arise, GCQA will continue its attempts to comply with the FD&C Act and give the FDA reasonable time to respond. GCQA will act accordingly based on the FDA’s response, or lack thereof.
In addition, DPHSS will ensure that CBD products, both edible and not, are not marketed for use in the diagnosis, cure, mitigation, treatment, or prevention of disease and/or for the intent of affecting the structure or any function of the body. This is not a new mandate, nor is it specific to CBD products. It is a staple responsibility of DPHSS to ensure that the general public is not impermissibly swayed to consume or use products based on unsubstantiated promises.
“We appreciate the time and attention the Attorney General’s Office devoted on this matter, as well as their guidance. We agree that it’s important for all stakeholders to carefully consider the legality of their actions under both local and federal laws, but we are also mindful of the community’s interest in these products as they search for alternatives in the management of health-related issues,” Governor Leon Guerrero stated.
Consumers should be aware that only one CBD prescription drug has been approved by the FDA. No other CBD products have been approved by any local or federal regulatory body for safe consumption.
“I look forward to Congressman Michael San Nicolas joining other members of Congress to push federal regulators to finalize and synchronize their rules and regulations. The vagueness on the federal level has put all States and Territories, not just Guam, in this state of uncertainty with regard to public health and safety,” Governor Leon Guerrero added.